Labour Law Qatar

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    Law No (14) of the Year 2004The Labour Law

    We, Hamad Bin Khalifa AI-Thani, The Emir of the State of Qatar,

    After perusal of the Amended Provisional Constitution and in particularArticles ( 23), (34) and (51) thereof and,

    Labour Law No. (3) of the year 1962 and its amending Laws , and,

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    Law No (11) of the Year 1962 on the Establishment of the Commercial Register System andits amending Laws, and,

    Law No.(3) of the Year 1963 on Regulating the Entry and Residence of Aliens in Qatar and itsamending Laws, and,

    Law No.(3) of the year 1984 on the Regulation of the Sponsorship of the Residence and Exit ofAliens, as amended by Law No.(21) of the year 2002,

    Law No.(14) of the Year 1992 on Regulating the Recruitment of Workers from abroad for others,

    and, Law No (23) of the Year 1994 on Regulating the rules of Compounding of Offences provided for inLaw No (14) of the year 1992 on the Regulation of the Recruitment of Workers from Abroad for Others, and,

    Law No (7) of the year 1999 on Regulating the Ministry of Civil Service Affairs and Housing anddefining its competence, and

    The Commercial Companies Law Issued by Law No (5) of the Year 2002, and, The Proposal of the Minister of Civil Service Affairs and Housing, and, The Draft Law Submitted by the Council of Ministers, and, After taking the opinion of the Advisory Council, We have decided the

    following:

    Article (1)

    The Provisions of the Labour Law accompanied with this Law shall be applied.

    Article (2)

    The Minister of Civil Service Affairs and Housing shall, in coordination with the other competent authorities,

    issue the necessary Decisions for the implementation of this Law and until these Decisions are issued,the Decisions for the time being in force shall continue to be applied to the extent that they do not contradict withthe provisions of the accompanying this Law.

    Article (3)

    The Laws Nos. (3) for the Year 1962, (14) for the Year 1992 and 23 for the Year 1994 referred to together with anyprovision contradicting with the provisions of the accompanying this Law are hereby repealed.

    Article (4)

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    All concerned authorities, each within its competence, shall implement this Law. This Law shall come intoforce s ix months af ter the date of i ts publication in the Official Gazette.

    Hamad Bin Khalifa AI-Thani , The Emir of the State Of Qatar

    Issued at Emiri Diwan on 30 /3/1425 AH Corresponding to 19/ 5 /2004 AD.

    Part One

    Definitions and General Provisions

    Article (1)In the application of this law the following words and expressions shall, unless the context otherwise

    requires, have the meanings respectively assigned to them:

    1. Min istry Ministry of Civil Service Affairs and Housing

    2. Min ister Minister of Civil Service Affairs and Housing

    3. Department Labour Department at the Ministry.

    4. Employer Any natural or juristic person employing one or more workers in return fora wage.

    5. Worker Any natural person who works in return for a wage for an employer or underhis control or supervision.

    6. Apprentice Any natural person having an apprenticeship contract with an employer for

    his being instructed on the origins of a trade or craft or increasing hisknowledge and skills thereon.

    7. Juvenile Any natural person who has reached the age of sixteen but has notreached the age of eighteen.

    8. Labour Any human effort, whether intellectual, technical or physical exerted inreturn for a wage.

    9. Service Contract An agreement between an employer and worker, whether of a definite orindefinite duration, whereby the worker undertakes to perform a certainwork for the employer, under his direction or supervision in return for awage.

    10. Basic Wage The rate of payment for the work done by the worker in a certain periodof time or on the basis of piece or production and includes periodic

    increment.11. Wage Basic wage plus all increments allowances and bonuses paid to the worker

    in return for or in respect of work of whatever kind and means ofcalculation.

    12.VocationalTraining

    Educating the trainee on the origins of a trade or craft or increasing hisknowledge or skills thereon or qualifying the worker to change his tradeby the necessary practical and theoretical means and programs.

    13. LicensedPhysician

    The person licensed to practise the medical profession in Qatar.

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    14. Corporation Any establishment in which the Qatari share capital is not less than 51 % andwhose main place of business is in Qatar.

    15. Establishment Any project managed by a natural or juristic person and employinga worker or more.

    16. ContinuousService

    The uninterrupted service of the worker with the sameemployer or his legal successor. This continuous service will notbe interrupted in case of periods of leave, permitted or agreedabsence or stoppage of work in the establishment for reasons notrelated to the worker.

    17. Temporary W ork The work whose nature necessitates its performance in a limitedperiod or which is limited to a certain work and ends upon itsperformance.

    18. Casual Work The work which is by its very nature not included in the activitiescarried on by the employer and the performance of which doesnot take more than four weeks.

    19. Work Injury : Suffering by the worker from any of the occupational diseaseslisted in schedule No.(1) to this law or any injury resulting from an

    accident happening to the worker during the performance of hiswork or by reason thereof or on his way to or back from his workprovided that the journey to and from the work is made withoutany break lingering, or diversion from the normal route.

    20. WorkersOrganizations

    The Workers' Committees, the General Committee for theWorkers in a trade or industry and the General Union for theWorkers of Qatar.

    21. CompetentMedical Authority

    The Authority to be specified by the Ministry of Public Health.

    Article (2)

    This Law shall apply to the employers and workers, and prescribe their rights andobligations and regulates the relationship between them.Article (3)

    Except as otherwise provided for in any other law the provisions ofthis law shall not apply to the following categories:

    1. The employees and workers of the Ministries and other governmental organs,public institutions, corporations and companies which are established by Qatar

    Petroleum by itself or with others, and the workers whose employment affairsare regulated by special laws.

    2. The Officers and members of the armed forces and police and the workersemployed at sea.

    3. The workers employed in casual works.4. The persons employed in domestic employment such as drivers, nurses, cooks,

    gardeners and similar workers.5. Working members of employer's family. These are the wife, ascendants and

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    descendants who are residing with and wholly dependent on him.6. The workers employed in agriculture and grazing other than the persons

    employed in the agricultural establishments processing and marketing theirown products or those who are permanently employed in the operation or repair ofthe necessary agricultural mechanical appliances.

    The provisions of this law or any part thereof may by a resolution of the Council ofMinisters upon the recommendation of the Minister be applied to categories 3,4,5 & 6referred to in this Article.Article (4)

    The entitlements prescribed by this law represent the minimum entitlements of theworkers and any stipulation contradicting the provisions of this law shall be void evenif it was made prior to the date of application of this law unless the said stipulation ismore advantageous to the workers and any release, compromise or waiver of theentitlements prescribed for the worker by this law shall be deemed void.

    Article (5)

    The sums due to the worker or his heirs under this law shall have priority over all

    movables and immovable proper ties of the employer and shall have a privilegeover all other debts including the debts due to the State.

    Article (6)

    If the employer entrusts any natural or juristic person with the carrying out of theemployer's original work or any part thereof such any natural or juristic person shallequally treat his workers and the workers of the original employer whom he employsfor the carrying out of that work in regard to entitlements and privileges. Theemployer and any such natural or juristic person shall be jointly liable for the payment ofthese entitlements and privileges to the extent of the sums for which the employer isliable to the person entrusted with the work.

    Article (7)

    The employer shall before the commencement of the work in his establishment notify theDepartment of the following particulars:

    1. The name of the establishment, its location, its type of activities, itscorrespondence address and its telephone number.

    2. The nature of the work which the establishment carries on.3. The number of workers employed by the establishment, their professions and

    nationalities.4. The name of the authorized manager of the establishment.

    Article (8)

    The periods and dates indicated in this law shall be calculated according to theGregorian Calendar. A calendar year means 365 days and a calendar month means 30days.

    Article (9)

    All contracts and other documents and written instruments provided for in this law shallbe made in Arabic.

    The employer may accompany such contracts, documents or written instruments with

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    translations into other languages and in case of any difference the Arabic text shallprevail.

    Article (10)All lawsuits filed by the workers or their heirs claiming the entitlements accruing underthe provisions of this law or the service contract shall be dealt with urgency and shall

    be exempted from judicial fees.

    Subject to the provisions of Article 113 of this law, the right to file a lawsuit for a claim ofthe entitlements accruing under the provisions of this law or the service contractshall lapse by the expiry of one year from the date of expiry of the contract.

    PART TWOVOCATIONAL TRAININGArticle (11)

    The vocational training shall be carried out inside the establishments or in the institutesand centers which are to be designated for this purpose.

    The Minister shall by a decision, specify the theoretical and practical programs for thetraining, its maximum duration, the rules and conditions to be followed in respect thereo fthe method of examination and the certificates to be granted to the trainees uponcompletion of the training.

    Article (12)

    Any employer employing fifty employees or more shall provide training on the technicalworks to 5% of his Qatari workers to be nominated by the Department in accordance withthe training program approved by the Ministry.

    Article (13)

    The Apprentice shall contract by himself with the employer unless the age of theApprentice is below eighteen years in which case the Apprentice shall contract through hisguardian or trustee as the case may be.

    Article (14)

    The vocational training contract shall be in writing and therein shall specify the type of thetrade or craft on which the Apprenticee is to be trained, the period of the training, itsconsecutive. stages and the wage to be paid to the apprentice provided that the wageto be paid to the apprentice in the last stage of the training shall not be less than theminimum wage prescribed for similar work.

    The wage of the apprentice shall not be fixed on the basis of the piece or production.

    Article (15)

    The vocational training contract shall be made out in three copies, each party shall retainone copy and the third copy shall be filed with the Department for its registration and

    attestation within one week from the date of conclusion of the contract. If theDepartment does not object to the contract within ten days from the date of its beingfiled the contract shall be deemed to be approved from the date of its being so filed.

    Article (16)

    The employer may terminate the vocational traiing contract before its expiry date in thefollowing instances:

    1. If it has been proved that the apprentice is not capable of learning the craft or

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    trade.2. If the apprentice commits a breach of any of his essential obligations under the

    contract.

    The apprentice, his guardian or trustee may terminate the vocational training contract at

    any time provided that the termination is based on legitimate grounds.

    The party intending to terminate the contract shall notify the other party in writing at leastseven days prior to the date he fixes for the termination.

    Article (17)

    The parties to the vocational training contract may agree that the apprentice shall workwith the employer after the expiry of the apprenticeship period.

    PART THREE

    REGULATION OF THE EMPLOYMENT OF WORKERS

    Article (18)

    Priority in the employment shall be given to the Qatari workers. NonQatari workers maybe employed in case of need.

    Article (19)

    The employer shall provide the Department every six months with a report containingparticulars of the names of the workers working with him, their sex, nationalities, theworks they are carrying out, their wages and ages and the particulars of their workpermits.

    Article (20)

    The Department shall, in respect of regulating the employment of the Qatari Nationals,perform the following:

    1. Collection of the information concerning the supply and demand for manpower and

    preparation of studies on the status of employment.2. Registration of the Qatari Nationals who are unemployed and those who are

    looking for better employment in a register to be prepared for this purpose. Theregistration shall be made at the instance of the Qatari Nationals. The employmentapplicant shall be given a registration certificate, free of charge, his age, his trade,his qualifications and his previous employment shall be specified.

    3. Nomination of the registered applicants to the employers for the posts and worksthat are suitable for them and suit their ages and technical capabilities with theemployers.

    Article (21)

    No Qatari National may be employed unless he is in possession of the registrationcertificate referred to in the preceding Article. The persons occupying positions theoccupiers of which are deemed to be empowered to exercise the powers of theemployer and those who carry out casual work are exempt from the application ofthis Article.

    Article (22) The employer shall notify the Department of the vacant posts and work available with him, theconditions which the persons who may occupy or carry out these posts and works mustsatisfy, the wages fixed for any of these posts or works and the dates fixed for the

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    occupancy or carrying out thereof within a period which shall not exceed a month fromthe date of the creation or availability of a vacancy or the provisioning of the work.

    The employer shall return to the Department within seven days of contracting theregistration certificate of the worker with whom he has" contracted accompanied by astatement including the type of work and amount of wage and the date fixed for the

    commencement of the employment.Article (23)

    Non-Qatari workers may not be employed otherwise than after approval of theDepartment and their obtaining of permits to work in the Statein accordance with the rulesand procedures to be specified by the Ministry.

    The work permit shall be issued to the non-Qatari subject to the followingconditions:

    1. The non-availability of a qualified Qatari worker registered in the registers ofthe Department and to carry out the work in respect of which the work permit isapplied for.

    2. The non-Qatari applying for the work permit shall be in possession of aresidence permit.

    3. The non-Qatari national shall be medically fit.

    The validity period for the work permit shall be limited to the permitted residenceperiod so that it may not exceed five years unless the approval of the Department isobtained.

    The provision of this Article shall apply to the categories provided for in Sub Articles(3), (4),(5) and (6) of Article (3) of this law.

    Article (24)

    The form of the work permit and the necessary particulars therein shall be issued by adecision of the Minister.

    Article (25)

    The Minister may cancel the work permit granted toa non-Qatariworker in the followinginstances:

    1. If the worker fails to satisfy either of condition (2) or (3) provided for inArticle (23) of this law.

    2. If the worker discontinues the employment for a cause related to himwithout acceptable excuse for more than three months.

    3. If the worker works for an employer other than the employer the workerhas been granted the work permit to work with.

    4. Dismissal of the worker on disciplinary grounds.

    Article (26) The proportion of the non-Qatari workers to the Qatari workers shall be determined bya decision of the Minister in each of the work. The Minister may prohibit theemployment of non-Qatari workers in any of these sectors as the public interest may

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    necessitate.

    Article (27) The employer who employs foreign experts or technicians shall train an appropriatenumber of Qatari workers to be nominated by the Department on the work carried outby the experts and technicians or employ assistant Qatari workers for them for thepurpose of training and gaining expertise.

    Article (28)

    The employer may not recruit workers from abroad except through a personauthorised to do so.

    As an exception to this provision the employer or his authorised representativemay recruit workers from abroad for his own account after obtaining the approval ofthe Department. This exception includes (householders) who shall be exempted fromobtaining the approval of the Department in respect thereto.

    Article (29)

    A natural or juristic person may not recruit workers from abroad for. others unless he hasobtained a licence to do so.

    The license shall be valid for two years renewable for a similar period or periods. Theconditions of obtaining the licence shall be determined by a decision of the Minister.

    Article (30)

    The application for the license to recruit workers from abroad for others shall besubmitted to the Depar tment on a form to be determined by a Decision of theMinister accompanied by the documents supporting the same in accordance with theprovisions of this law and its implementing Decisions. The Department shall examine theapplication and its attachments and submit it to the Minister for his decision thereon withina period of 30 days from the date of its submission. The expiry of the said period withouta decision on the application shall be deemed to be a refusal thereof.

    Article (31) The granting of the license to recruit workers from abroad for others shall be made by a Decision of the Ministerand the Department shall notify the concerned party of the approval or disapproval to grant the license withinone week from the date of its issuance.

    If the application for the license is refused or the period provided for in the preceding article expires without aDecision on the application being made the applicant may appeal to the Minister within 15 days from the date ofhis being notified of the refusal decision or the expiry of the period referred to. The appeal shall be decided onwithin thirty days from the date of its submission. The decision of the Minister on the application shall be final andthe expiry of this period without a decision on the appeal being made shall be considered as a refusal of theappeal.

    Article (32) The person who is licensed to recruit workers from abroad for others shall obtain the necessary commerciallicense for this purpose.

    Article (33) The person who is licensed to recruit workers from abroad for others shall be prohibited from doing the following:1. To receive from the worker any sums representing recruitment fees or expenses or any other costs.

    2. To carry out in the office any other business other than the recruitment of workers from abroad for others.

    Article (34)

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    The recruitment of workers from abroad for others shall be made inaccordance with a written contract between the licensed person and theemployer in accordance with a model to be determined by a decision of the

    Minister.The task of the licensed person shall be considered to have beencompleted immediately on the arrival of the workers and their delivery to theemployer without prejudice to the obligations specified in the recruitmentcontract.

    Article (35)

    The person licensed to recruit workers from abroad shall be subject to the supervisionof the Ministry and shall keep in the office the particulars, registers and other documentswhich shall be specified by a Decision of the Minister.

    Article (36)

    The procedures of licensing the recruitment and the rules and conditions of the works ofthe offices of recruitment of workers from abroad for other shall be determined by adecision of the Minister.

    Article (37)

    Fees shall be imposed on the following:

    1. The granting of the work permit and the renewal and replacement thereof.2. The granting of the license to recruit workers from abroad and renewal and

    replacement thereof.3. The attestation of the seals of companies and establishments, the service

    contract, the certificates and the other documents which are to be attestedby the Ministry.

    The fixing of these fees and the exemption therefrom shall be made by a resolution ofthe Council of Ministers.

    PART FOUR

    THE INDIVIDUAL LABOR RELATIONSHIPS

    Article (38)

    The Service Contract shall be made in writing and attested by theDepartment and shall comprise three copies, one copy to be delivered to each ofthe parties and the third copy to be deposited with the Department.

    The Service Contract shall specify the terms concerning the labourrelationship between its two parties and in particular shall contain the following:

    1. The name of the employer and place of his work.2. The name, qualifications, nationality, profession and residence of the worker

    and the proof necessary for his identification.3. The date of conclusion of the contract.4. The nature and type of the work and place of contracting.5. The date of commencement of the work.

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    6. The period of the contract if the contract is of a definite duration.7. The agreed wage and the method and date of the payment thereof.

    If the service contract is not made in writing the worker may prove the laborrelationship and the rights which have arisen therefrom by all means of

    proof.Article (39)

    The service contract may contain a provision subjecting the workerto a probation period to be agreed on between the two parties provided thatthe probation period shall not exceed six months.

    The worker shall not be subjected to more. than one probation periodwith the same employer.

    The employer may terminate the contract within the probation periodif it has been proved to him that the worker is not capable of carrying out the

    work provided that the employer shall notify the worker thereof before atleast three days from the date of termination.Article (40)

    If the service contract is of a limited duration, the duration thereof shall not bemore than five years. This period may be renewed for a similar period or periods byagreement of the two parties.

    If the contract has not been renewed and the parties thereto continue to abide byit after expiry of its duration without an explicit agreement, the contract shall beconsidered to have been renewed for unlimited duration on the same conditions providedfor therein.

    The renewed duration shall be considered to be an extention of the previousduration and the period of service of the worker shall be calculated as starting from

    the date of his entering the service of the employer for the first time.Article (41)

    If the subject-matter of the contract is the performance of a specific work, thecontract shall expire on the performance of that work.

    If the work is by its nature susceptible of being renewed and the performance ofthe contract continues after performance of the agreed work, the contract shall beconsidered to have been renewed for similar periods by agreement of the two parties.Article (42)

    The worker shall undertake the following:

    1. To perform the work by himself and exercise the care of the ordinary man in itsperformance.

    2. To carry out the orders of the employer concerning the performance of the workif these orders do not include orders which contravene the law or the contract and ifthe carrying out of these orders does not subject the worker to danger.

    3. Not to work for third parties for or without a wage. 4. To take care of the raw materials, means of production, products etc. which are in

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    his possession or under his disposal and to take the necessary steps for their safekeeping and maintenance.

    5. To carry out the safety and professional health instructions prescribed in theestablishment.

    6. To cooperate in the prevention of the occurance of accidents in the place of

    work or in the alleviation of the results thereof.

    7. To continuously procure the professional and cultural development of his skil lsand expertise in accordance with the regulations and procedures prescribed bythe employer in participation with the concerned authority within the limits ofavailable facilities.

    8. Not to disclose the secrets of the employer even after expiry of the contract.9. Not to use the work tools outside the place of work without permission of the

    employer and to keep such tools in the places designated therefore.10.Not to accept gifts, remuneration, commission or sums in respect of performance

    of his duties otherwise than from the employer.11.To return on the expiry of the contract the non-consumed tools or materials at his

    disposal.

    Article (43)

    Any condition in a service contract shall be void when it contains an undertakingby the worker to work for the rest of his life with the employer or to abstain fromcarrying out any craft or profession which may be carried out after leaving the workeven if the contract is agreed before the coming into force of this law.

    If the nature of the work allows the worker to know the clients of the employeror the secrets of the business of the establishment, the employer may stipulate thatthe worker shall not compete with him or participate in any undertaking competingwith him after expiry of the contract. Such stipulation shall be valid only if it isrestricted as to its duration and place and to type of the work to the extentnecessary for the protection of the legitimate interests of the employer. The period ofsuch undertaking shall not exceed two years.

    Article (44)

    The employer shall undertake to enable the worker to perform the work and to provide himwith all things necessary therefore, and if the worker attends the place of work and is willing

    to perform the work but could not do so for reasons beyond his control, he shall beconsidered to have actually done the work and be entitled to the advnatages accuringtherefrom.

    Article (45)

    The employer may not ask the worker to perform other than the work agreed uponunless necessity so requires for the prevention of an accident or repair of what arisestherefrom or in case of force majeure provided that the worker shall be paid theentitlement accruing therefrom.

    As an exception from the foregoing, the employer may ask the worker to perform work

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    other than the work agreed upon if it is temporary or if the work does not basically differfrom the original work and if the request to perform that work does not entail an insulton the worker provided that the wage of the worker shall not be reduced.

    Article (46)

    The employer who employs ten or more workers shall make regulations for the

    organization of the work in his establishment. The coming in to force of theseregulations and any amendments thereto shall be conditional on their production to theDepartment for the approval thereof. If the Department does not notify the approval ofsuch regulations within one month from the date of their submission they shall beconsidered to have been approved.

    Such regulations shall be posted at a conspicous place in the establishment forthe perusal thereof by the workers and shall not be effective against them until theexpiry of 15 days from the date of the announcement thereof.

    The Minister may by a decision determine the form of the regulations regulatingthe work for the guidance of the employers.Article (47)

    The employer shall keep a special file, for each worker where he shall deposit all

    papers and certificates concerning the worker and the decisions and instructions relatedthereto.

    The employer shall keep the said file for a period of at least one year after theexpiry date of the service of the worker with him.Article (48)

    The employer shall maintain the following registers:1. The workers' register which shall in particular contain the names, nationalities, jobs,

    amounts of wage, date of commencement of work, marital status, academic andprofessional qualifications, leaves of the workers and the penalties inflicted upon him.

    2. The wages' register, where the names of the workers in the order of theirengagement in the work, the amounts of daily, weekly or monthly wages, or piece orproduction wages and their additions in respect of every worker, the additionalwages paid to them, the amounts of deductions and the net wages received by everyworker.

    3. The register of total penalties where the monetary penalties are inflicted upon theworkers and the total amount thereof shal l be entered.

    4. The register of work injuries where the work injuries sustained by every worker shallbe entered.

    5. The end of service register where the names of the workers whose services havebeen terminated, the dates and causes of the termination and the entitlements paid tothem or to their heirs shall be entered.

    Article (49)

    If the service contract is of an indefinite duration any of the two parties thereto mayterminate it without giving the reasons for the termination. In this case the party intendingto terminate the contract shall notify the other party in writing as follows:

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    1. In respect of the workers who receive their wages annually or monthly, the notificationshall be given not less than one month prior to the date of the termination. I f theperiod of service is f ive years or less. If the period of service is more than five years,the notification period shall be at least two months prior to the date of termination.

    2. In all other cases the notification shall be given in accordance with the followingperiods :

    A) If the period of service is less than one year the notification period shall be at least oneweek.B) If the period of service is more than one year and less than five yearsthe notification period shall be at least two weeks.C) If the service period is more than five years the notification period shall be at least one month.

    If the contract is terminated without observing these periods, the party terminating thecontract shall be obligated to compensate the other party for an amount equivalent to the

    wage for the notice period or the remaining part thereof.

    Article (50)The employer shall pay the worker his wage in full for the notice period provided for in

    the preceding article, if the worker performs his work in the usual manner during thesaid period.

    The employer shall give permission to the Qatari worker to absent himself from work forreasonable times to enable him to register his name in the register of the Department inorder that the worker can avail himself of new employment. The worker shall notify theemployer of the new employment immediately on obtaining therof and shall continue

    with the work thereafter till the expiry of the notification period.

    Article (51)The worker may terminate the service contract before its expiry. date if the contract is of a definite duration andwithout giving reasons for the termination if the contract is of an indefinite duration and retains his full right toobtain the end of service gratuity in the following cases:

    1. If the employer commits a breach of his obligations under the service contract or the provisions of this law.

    2. If the employer or his responsible manager commits a physical assault or immoral act upon the worker or anyof his family member.

    3. If the employer or his representative has misled the worker at the time of entering into the service contract asto the terms and conditions of the work.

    4. If continuance with the work endangers the safety and health of the worker provided that the employer isaware of the danger and does not take the necessary steps to remove it.

    Article (52)The service contract shall not terminate in any of the following two cases:1. Death of the employer, unless the contract has been concluded for consideration related to the person orprofessional activities of the employer which cease upon his death.

    2. The merger of the enterprise with another enterprise or transfer of its ownership or the right in its managementto a person other than the employer for any reason.The successor shall be jointly liable with the former employer for the payment of the workers entitlements

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    accruing from the latter.

    Article (53)The employer shall upon expiry of the service contract:

    1. Give the worker upon his demand, free of charge, a service certificate indicating the

    date of his engagement in the employment, the date of expiry of his employment, the typeof work he was performing and the amount of wage he was receiving.

    2. Return to the worker the certificates, documents etc. which the worker deposited withthe employer.

    Article (54)In addition to any sums to which the worker is entitled to upon the expiry of his service,

    the employer shall pay the end of service gratuity to the worker who has completedemployment of one year or more. This gratuity shall be agreed upon by the two parties,provided that it is not less than a three-week wage for every year of employment. Theworker shall be entitled to gratuity for the fractions of the year in proportion to theduration of employment.

    The worker's service shall be considered continous if it is terminated in cases other thanthose stipulated in article 61 of this Law and is returned to service within two months of itstermination.

    The last basic wage shall be the base for the calculation of the gratuity.

    The employer is entitled to deduct from the service gratuity the amount due to him by theworker.

    Article (55)If the worker dies during the employment for whatsoever causes, the employer shall

    within a period not exceeding fif teen days from the date of death deposit with the courtany wages or entitlements due to the worker in addition to the gratuity. The depositingrecord shall contain a detailed report

    indicating the method of calculating the sums referred to and a copy of the record shallbe delivered to the Department.

    The court shall distribute the deposited sums amongst the heirs of the deceasedworker in accordance with the provisions of the Islamic Sharia or the personal law

    applicable in the country of the deceased and if three years lapse from the date ofdepositing without the person entitled to the deposited sums being known the courtshall transfer the said sums to the public fund of the State.

    Article (56)The employer who maintains a retirement system or a similar system which secures for

    the worker a greater benefit than the end of service gratuity to which the worker is entitedunder the provisions of Article (54) of this law shall not be obl igated to pay to the

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    worker the end of service gratuity in addition to the benefit available to the workerunder the said system.

    If the net benefit accruing to the worker under the said system is less than the end ofservice gratuity the employer shall pay to the worker the end of service gratuity and returnto him any sum whereby the worker may have contributed to the said system.

    The worker may choose to receive either the end of service gratuity or the pensionaccruing to him under the said system.

    Article (57)Upon termination of the service of the worker the employer shall at his cost return him

    to the place from where he has recruited him at the commencement of the engagementor to any place agreed upon between the parties.

    The employer shall complete the proceedings of returning the nonQatari worker within aperiod not exceeding two weeks from the expiry date of the contract. If the worker joins

    another employer before his departure from the State the obligation to return him to hiscountry or other place shifts to the latter employer.

    The employer shall bear the costs of preparing the corpse of the deceased worker andthe conveyance thereof to his country or place of residence upon the demand of his heirs.

    If the employer does not repatriate the worker or his corpse after his death as the casemay be the Department shall return the worker or his corpse at the cost of theemployer and recover the said costs through the administrative means.

    PART FIVE

    THE DISCIPLINARY POWER OF THE EMPLOYER

    Article (58)An employer employing ten workers or more shall make penalties regulations specifying the violations and thepenalties to be inflicted on the workers who commit these violations and the conditions and procedures for theinfliction thereof.

    The Minister may, by a Decision, issue models for such disciplinary regulations in accordance with the nature ofthe work for the guidance of the employers in the preparation of their own regulations.

    The coming into force of the disciplinary regulations and the amendments thereto shall be subject to theapproval of the Department within a month from the date of its submission thereto and if this period expireswithout objection to the regulations the regulations shall be deemed to have been approved.

    The employer shall post these regulations at the place of work for the perusal thereof by the workers. The

    regulations shall only come into force upon the lapse of fifteen days from the date of their being posted up.Article (59)The disciplinary penalties which may be inflicted on the workers are:

    1. Notification, which shall be deemed to have been achieved by a written letter to the worker containing anotification of the violation he has committed and requesting him not to repeat the commission thereof andwarning him of the infliction of a severer penalty in case of repetition.

    2. Deduction from the wage of the worker for a period not exceeding five days in respect of one violation.

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    3. Suspension from work together with non-payment of the wage for a period not exceeding five days in respectof one violation.

    4. Suspension from work without payment or with reduced payment pending the adjudication upon the criminalcharge attributed to the worker and if the worker is acquitted or if the charge against him has been dropped thesuspension shall be deemed to have never taken place and the worker shall be paid his entitlements during thesuspension period.

    5. Postponement of the grant of annual increment for a period not exceeding six months or the non-paymenttherefrom in the establishments which maintain increments systems.

    6. Postponement of promotion for a period not exceeding one year in the establishments which maintainpromotion systems.

    7. Dismissal from work with payment of the end of service gratuity.

    8. Dismissal from work and non-payment of the end of service gratuity.

    Article (60)The sums which may be deducted from the wage of the worker in execution of penalties inflicted on him and theother deductions therefrom shall not exceed his wage for five days per month.

    The employer shall record the total penalties inflicted on the worker in the register of the total penalties. The said

    register shall contain the name of the worker and the amount of deductions and the reason for the infliction anddate of the penalty. The said register shall be subject to the inspection of the Work Inspection Organ.

    The outcome of the deductions to be inflicted on the workers shall vest in the body which shall be specified by aDecision of the Minister. The Decision shall specify the manner of disposal of the deductions.

    Article (61)The employer may dismiss the worker without notice and without payment of the end of service gratuity in thefollowing instances

    1 . If the worker assumes a false identity or nationality o r submits false certificates or documents.

    2. If the worker commits an act which causes gross financial loss to the employer provided that the employershall notify the Department of the incident within twenty four hours from the time of his being aware thereof.

    3. If the worker violates more than once the written instructions of the employer concerning the safety of theworkers and the establishment despite his being notified in writing of the violation provided that theseinstructions shall be written and posted up in a conspicious place.

    4. If the worker fails more than once to carry out his essential duties under the service contract or this lawdespite his having been notified in writing thereof.

    5. If the worker discloses the secrets of the establishment where he is employed.6. If the worker is found during the working hours in a state of drunkeness or under the influence of a drug.7. If the worker commits an assault on the person of the employer, the manager or one of his supervisors in thework during the work or by reason thereof.

    8. If the worker repeats his assault on his colleagues in work despite his being warned in writing thereof.9. If the worker absents himself from work without legitimate cause for more than seven consecutive days orfifteen days in one year.10. If the worker has been finally sentenced for a crime involving immorality or dishonesty.

    Article (62)In inflicting the penalties on the violating workers the following shall be observed.1. The worker shall not be accused of a violation after fifteen days of the employer being

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    aware of the violation with the exception of the violations constituting criminal offences.

    2. The worker shall not be penalized otherwise than for a violation directlyrelated to the work whether committed during the work and in its place or outside.

    3. The worker shall not be penalized before his being informed of the accusationagainst him and being inquired into in writing. The inquiry may be oral in the case ofminor violations provided that the report of inquiry shall be filed in the record of theparticular register of the worker.

    The minor violations referred to in this paragraph are violations the penalties whereofprescribed in the penalties regulations do not exceed the notice or deduction notexceeding the wage for one day.

    4. There shall not be inflicted on the worker for the single violation not more than onepenalty.

    5. The disciplinary penalties that the employer may inflict on the workers shall not beinflicted except by the employer, his authorized representative or the manager of theestablishment.

    6. A penalty may not be inflicted for an act which has not been provided for in thepenalties regulations.

    Article (63)The worker shall be notified of the penalty inflicted on him and if he declines to receive

    the notification, such notification shall be published in a conspicuous place in the placeof work.

    If the worker is absent from work he shall be notified of the penalty by a registered letterto his permanent address in the special file.

    Article (64)A worker shall, before his recourse to the competent tribunal, appeal to his employer

    against the penalty inflicted on him within seven days of being aware of such penalty. Theappeal shall be decided upon within seven days of its submission. The appeal isconsidered rejected if this period lapses.

    In the event of rejection of an appeal or if it is not decided upon within the aboveperiod, the worker may appeal to the Department against the penalty inflicted on

    him with seven days of the date of rejection.

    The Department shall decide on the worker's appeal within seven days of the date ofthe registration of the appeal. The Department's decision shall be final.

    As an exception the worker may appeal against the penalty of dismissal from work to thecompetent court.

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    If the court decides that the dismissal is arbitrary or in violation of the' provisions of thislaw, it shall either annual the dismissal, orders the return the worker to his work

    and payment of his wages for the period he was not allowed to work inimplementation of such penalty or payment of a suitable compensation. Suchcompensation shall include the wages and other benefits denied to him as a result of

    such dismissal.

    PART SIXWages

    Article (65)The Worker shall be entitled to the wages specified in the service contract and if the

    contract does not specify the wage the worker shall be entitled to the wage specified inthe work regulations.

    If the wage is not specified in accordance with the preceding paragraph the worker shallbe entitled to a wage equivalent to the wage specified for work of a similar type in theestablishment and otherwise in accordance with the custom applicable to the professionin the place of performance of the work and if there is no such custom the judgeshall specify the wage in accordance with the requirements of justice.

    Article (66)The wages and other sums to which the worker is entitled shall be paid in the Qatari currency.The wages of the workers employed on an annual or monthly wages shall be paid at least once in every

    month.

    The wages of all other workers shall be paid once at least every two weeks.

    The wages shall be paid to the worker himself within the working day' and during working hours in the

    usual place of work or any other place to be approved by the Department and may be transferred to theaccount of the worker with the bank to be agreed upon by the two parties or paid to the attorneyappointed by the worker in writing.

    The employer shall not be releaved from h is obligati on to pay t he wage due to the workerunless he has actually transferred it to the bank or the worker or his attorney has signed inacknowledgement of the receipt thereof in the register or receipt prepared for this purpose provided thatthe said documents shall include the details of the wage.

    Article (67)If the service contract is terminated for any reason the employer shall pay the wages andother sums to which the worker is entitled before the end of the day following the day on

    which the contract terminates unless the worker has abandoned the work without givingthe notification provided for in Article (49) of this law. In this case the employershal l pay the wage and other sums to which the worker is entitled within a periodwhich shall not exceed seven days from the date of the worker abandoning the work.

    Article (68)The employer shall pay to the worker before the worker takes his annual leave the wagesto which the worker is entitled for the work he has performed up to the date of taking theleave in addition to the leave wages to which the worker is entitled.

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    Article (69)The worker shall not be obligated to purchase foodstuff or other commodities from certain places or from theproducts of the employer.

    Article (70)Any part of the wage to which the worker is entitled may not be attached and the payment thereof may not be

    withheld except for the execution of a judicial decision.

    In case of attachment in execution of a judgment the Sharia alimony debt shall have priority over all other debtsand the total of the sums attached shall not exceed 35% of the wage of the indebted worker.

    The employer may not charge any interest on the loan he may grant to the worker and shall not deduct morethan 10% from the wage of the worker in settlement of the loan.

    The total of the sums to be deducted from the wage of the worker in settlement of the deductibles and debts duefrom him shall not exceed 50% of his aggregate wage. If the percentage which shall be deducted from the wageof the worker within one month exceeds this percentage the deduction of the excess percentage shall bedeferred to the following month or months.

    Article (71)If the worker causes the loss of, damage or destruction to machinery, products or equipment of the

    establishment as a result of his fault he shall be obligated to compensate the employer for the damage resultingtherefrom provided that the obligation of the worker for the compensation shall be preceded by an enquiry.

    The employer may deduct the value of the compensation from the wage due to the worker provided that thevalue of the compensation does not exceed the wage due to the worker for seven days in one month.

    The worker may appeal against the decision of the employer on the valuation of the compensation to theDepartment within seven days from the date of his being notified thereof.

    If the Department cancels the decision of the employer or evaluates a lesser compensation due from the workerthe employer shall return to the worker the amount which he has deducted in excess without a right theretowithin not more than seven days.

    Article (72)The wage of the worker during the annual or sick leave and his end of service gratuity shall be calculated on thebasis of his basic wage on the date of entitlement and if the worker is employed on a piece-by-piece work basisthe entitlement shall be calculated on the basis of his average wages for the three months preceding the date ofentitlement.

    PART SEVENREGULATION OF THE WORKING HOURS AND LEAVE

    Article (73)The maximum ordinary working hours shall b e e ighty f our h ours per week at the rate of eight hours per daywith the exception of the month of Ramadan when the maximum working hours shall be thirty six hours permonth at the rate of six hours per day.

    The time spent by the worker in transportation to and from the place of work and residence of the worker shallnot form part of the working hours.

    The working hours shall include an interval or more for prayer, rest and taking of meals which interval or intervalsshall not be less than one hour and shall not be more than three hours. The said intervals shall not be taken intoconsideration in calculating the working hours in fixing the rest interval but the worker shall not work for morethan five consecutive hours.

    The Minister shall by a decision specify the types of work in respect of which the work may continue withoutstoppage for the purpose of rest.

    Article (74)The workers may be required to work additional hours to the working hours specified in the preceding article

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    provided that the actual working hours per day shall not exceed ten hours unless the work is necessary for theprevention of gross loss or dangerous accident or for the repair or alleviation of the consequences of the saidloss or accident.

    The employer shall pay to the worker for the additional working hours the rate of not less than the basic wageplus not less than 25% thereof.

    The workers who work between 9pm and 6am shall be paid the basic wage plus not less than 50% thereof withthe exception of the shift workers.

    Article (75)The worker shall be allowed of a weekly paid rest which shall not be less than twenty-

    four consecutive hours and Friday shall be the weekly rest day for all workers with theexception of the shift workers. If the circumstances of the work necessitate theemployment of the worker during the rest day the worker shall be compensated for therest day by another day,

    and shall be paid for working that day the wage payable to him for the ordinaryweekly rest day or his basic wage plus an increase of not less than 150%.

    With the exception of shift workers a worker shall not be required to work more than twoconsecutive Fridays.

    Article (76)The provisions of Articles 73, 74 & 75 ofthis law shall not apply to the persons

    occupying responsible positions if these positions confer upon the occupiers thereofpowers exercisable by the employer over the workers.

    The provisions ofArticle 73 shall not apply to the following categories:

    1. The workers carrying out preparatory and complementary works that shall be

    performed before or after the working time.

    2. Guarding and cleaning workers.

    3. The other categories ofworkers to be specified by a Decision ofthe Minister.The maximum working hours for these works shall be specified by a Decision of theMinister.

    Article (77)The employer shall post up on the main gates used by the workers in entering and in aconspicuous position of the working place a table of the closing or weekly rest day, theworking hours and rest intervals for all categories of workers and shall notify the

    Department with a copy of such table.

    Article (78)The worker shall be entitled to annually, leave with full wage as follows:

    1. Three working days for Eid EI-Fitr

    2. Three working days for Eid Al-Adha

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    3. One working day for the Independence day

    4. Three working days to be specified by the employer.

    If the circumstances of the work require the employment of the worker during any suchleave days the provisions of article (75) of this law shall be applied to him.

    Article (79)

    The worker who has completed one continuous year in the service of the employer shallbe entitled to an annual leave with the pay provided for in Article (72) of this law. Thisleave shall not be less than three weeks for the worker whose service is less than fiveyears and four weeks for the worker whose service is more than five years.

    The worker shall entitled to a leave for the fractions of the year in proportion to the periodof his sevice.

    Article (80)

    The employer shall fix the date- of the annual leave for the worker in accordance withthe work requirements and may divide the leave with the consent of the workerprovided that the division shall not be into more than two periods. The employer may on a written application of the worker postpone not more than half of

    the annual leave to the year following the year of its entitlement.

    Article (81)

    The worker may not waive his entitlement to the annual leave and any agreement tothe contrary shall be void.

    The worker shall be entitled to payment in lieu of his annual leave equivalent to his wagefor the leave days to which he is entitled if the contract is terminated for any reasonbefore the worker takes his leave.

    Article (82)

    The worker shall be entitled to a sick leave with pay for every year of the years of hisservice. This sick leave shall not be granted unless after three months from the

    commencement of his engagement for the first time provided that the worker proves hissickness by a certificate from a physician approved by the employer.

    The worker shall be paid his full wage if the sick leave does not exceed two weeks.If the sick leave extends thereafter the worker shall be paid half of his wage for otherfour weeks. The extension of the sick leave thereafter shall be without pay until theworker resumes his work or resigns or his service is

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    terminated for health reasons. The service of the worker may be terminated at the end ofthe twelveth week of the sick leave if it has been proved by a report' issued by thecompetent physician that the worker is unable to resume his work at that time.

    If the worker resigns from work because of the sickness and with the approval of thecompetent physician before the end of the six months to which the worker is entitled as asick leave with pay the employer shall pay to the worker the balance of his entitlement.This provision shall also apply in case of death because of sickness before the end of thesaid six weeks.

    The preceding provisions shall not prejudice the right of the worker to the remuneration towhich he may be entitled for the period of his service and taking by the worker of thesick leave for the period of twelve weeks shall not be deemed to constitute aninterruption of his continuous service.

    Article (83)

    The Muslim worker shall be entitled to leave without pay, not exceeding two weeks tofulfil his obligation to go to pilgrimage once during the period of his service.

    The employer shall specify the number of the workers who may be granted such leaveannually in accordance with the work requirements subject to giving priority to the workerwho has been in continuous service for a longer period whenever the circumstances of thework permit.

    Article (84)

    The worker shall not, during any of his leaves, work for another employer and if it has

    been proved to the employer that the worker has contravened this provision he maydeprive him from his wage for the period of the leave and recover what he has already paidof that wage.

    Article (85)

    The employer may not terminate the service contract or notify the worker of thetermination thereof during any of his periods of leave provided for in this law.

    The employer may not notify the worker of the termination of the contract if the noticeperiod expires during any of such periods of leave.

    PART EIGHTEMPLOYMENT OF JUVENILES

    Article (86)

    A child who has not attained the age of sixteen may not be employed in a work ofwhatsoever nature and shall not be permitted to enter into any of the place of work.

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    Article (87)A juvenile may not be employed without the consent of his father or guardian and the

    issuance of a special permission from the Department.

    If the juvenile is a Qatari pupil an approval from the Minister of Education shall be

    obtained. The Juveniles shall not be employed in the works, where its nature andcircumstance of the performance of which may cause damage to the health, safety ormorals thereof. These works shall be determined by a decision of the Minister.

    Article (88)A Juvenile may not be employed before he has been medically examined by the

    competent medical authority and his fitness for the work he is required to perform hasbeen proved.

    The employer shall repeat the medical examination of the Juvenile at least once a year.

    Article (89)

    A Juvenile may not be employed between sunset and sunrise or on the days ofrest or during the official holidays or for more than the normal working hours and may notbe retained in the place of work for more than seven continuous hours.

    Article (90)

    The normal working hours for the Juvenile may not exceed thirty six hours per week atthe rate of six hours per day with the exception of the month of Ramadan when the

    working hours shall not exceed twenty four hours per week at the rate of four hours perday.

    The time which the Juvenile spends in transporting between his residence and place ofwork shall not be calculated in the working hours.

    The working hours shall include one or more intervals for rest or taking meals so thatthe Juvenile may not work continuously for more than three consecutive hours. Suchinterval or intervals shall not be calculated as part of the working hours.

    Article (91)

    The employer shall keep in the file concerning the Juveline his birth certificate, his medicalfitness certificate and the certificate of the periodical medical examination conducted onhim.

    Article (92)

    Every employer employing a Juvenile or more shall perform the following:

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    1. Submit to the Department a statement showing the name and work of the Juvenile and

    date of his engagement.

    2. Post up in a conspicuous place a clear statement of the working hours, the Juvenilesemployed by him and their intervals of rest.

    PART NINE

    EMPLOYMENT OF WOMEN

    Article (93)

    A working woman shall be paid a wage equivalent to the wage payable to a man if sheperforms the same work and shall be availed of the same opportunities of training andpromotion.

    Article (94)

    Women shall not be employed in dangerous arduous works, works detrimental to theirhealth, morals or other works to be specified by a Decision of the Minister.

    Article (95)

    Women shall not be employed otherwise than in the times to be specified by a Decisionof the Minister.

    Article (96)

    A female worker who has been employed by an employer for a complete year shall beentitled to maternity leave with full pay for a period of fifty days. Such maternity leave shallinclude the period before and after the delivery provided that the period following thedelivery shall not be less than thirty five days.

    This leave shall be granted subject to a medical certificate issued by a licensedphysician stating the probable date of delivery.

    If the remaining period of the leave after delivery is less than thirty days the female workermay be granted a complementary leave from her annual leave. Otherwise the

    complementary period shall be deemed to be a leave without pay.

    If the medical condition of the female worker prevents her from resuming her work afterexpiry of her leave referred to in the preceding paragraphs the female worker shall bedeemed to be on leave without pay provided that the period of her absence fromworks shall not exceed sixty consecutive or interrupted days and provided that amedical certificate of her medical condition shall be produced from a licensed physician.

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    The obtaining by the female worker of the delivery leave shall not prejudice herentitlement to her other leave.

    Article (97)

    The nursing female worker shall be entitled in addition to her entitlement to the restinterval provided for in Article (73) of this law during the year following the year ofdelivery to a nursing interval which shall not be less than one hour per day. The fixing ofthe nursing times shall be made by the female worker.

    The nursing interval shall be calculated as part of the working hours and shall not resultin a deduction of wage.

    Article (98)

    The employer may not terminate the service contract of a female worker due to hermarriage or obtaining the leave provided for in Article (96) of this Law.

    The employer may not notify of the termination of her service contract during this leaveand may not send her a notification which expires during the said leave.

    PART TEN

    SAFETY, VOCATIONAL HEALTHAND SOCIAL CARE

    Article (99)

    The employer or his representative shall on the commencement of every worker'sengagement inform him of the hazards of the work and the hazards which may occurthereafter and shall inform him of the safety measures to be taken for the protectiontherefrom and shall post up in a conspicuous place his detailed instructions concerningthe means of observing vocational health and safety for protecting the workers from thehazards to which they are exposed during performance of their work.

    Article (100) The employer shall take all precautionary measures for protecting the workers during the

    work from any injury or disease that may result from the work performed in hisestablishment or from any accident, defect or breakdown in the machinery and equipmenttherein or from fire.

    The employer may not burden the worker with or deduct from his wage any sum inreturn for his providing these precautionary means.

    The Department shall in case of the employer omitting to take the precautionarymeasures referred to or in case of imminent dangers threatening the health or safety of theworkers report the matter to the Minister for issuing a decision for the partial or totalclosure of the place of work or stoppage of one or more machines from work pending theelimination of the causes of the danger.

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    In such case the employer shall undertake to pay the wages of the workers in full during

    the period of closure or suspension.

    Article (101)

    The worker shall not commit any action or omission with the intention of hampering theexecution of the instructions of the employer concerning the conservation of the healthof the workers or securing their safety or with the intention of damaging or breaking downof any appliances or equipment prepared for this purpose.The worker shall use the protection devices and the uniform prepared as provided to

    him by the employer and shall obey all instructions of the employer aiming at protectingthe worker from injuries and diseases.

    Article (102)

    The Minister shall after coordination with the competent authority issue the necessarydecisions for regulating the appliances concerning the vocational health and safety in theestablishments and specifying and regulating the services and precautionary measuresthat are necessary for protecting the workers during the work from the dangers of thework and equipment and means and levels thereof and for the regulation of the means ofprotection from the vocational diseaes.

    Article (103)

    The employer shall take the measures capable of securing the hygiene and goodventilation in the places of work and shall provide it with the suitable lighting and potablewater, hygiene and drainage, in accordance with the regulations and decisions to beissued by the competent authorities in this respect.

    Article (104) The employer employing a number of workers ranging from five to twenty-five shall

    prepare for them a first aid box furnished with the medicines tools and equipment to bespecified by the competent medical authority. The box shall be kept in a conspicuousplace in the establishment and shall be available to the workers. The use of the boxshall be entrusted to a worker trained in providing first-aid medical services.

    If the number of the workers exceeds twenty-five workers a box shall be specified forevery group of workers ranging from five to twenty-five workers.It the number of the workers in the establishment exceeds hundred workers the

    employer shall appoint a full-time medical nurse in the established in addition to the first-aid box.

    If the number of the workers exceeds five hundred workers the employer shall designateto them a clinic employing at least a physician and a' nurse.

    Article (105) The periodical medical check-ups shall be carried out on the workers exposed to the

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    dangers of inflication with the vocational diseases in all activities of the work at intervalsappropriate to the hazards involved in the work in accordance with the measures to bespecified by the competent authorities specifying the types of such check-ups and theintervals in which they shall be carried out.

    The employer shall keep the results of these check-ups in the files concerning theworkers.

    If the results of the check-up shows the infliction of the worker with one of theoccupational diseases the employer shall notify the Department thereof within threedays from the date of his knowing the result of the check-up.

    Article (106)

    The employers employing workers in locations distant from the cities and to which theusual means of transportation are not available shall provide them with thefollowing services:

    1. Suitable means of transportation or suitable accommodation or both. 2.Potable water

    3. Suitable foodstuff or the means of obtaining thereof.

    The said locations shall be specified by a Decision of the Minister.

    Article (107)

    The employer employing fifty workers or more shall provide- them with the social services to bespecified by a Decision of the Minister_ taking into consideration the location of the work, the

    circumstances thereof and the number of the workers in the establishment.

    PART ELEVENWORK INJURIES AND COMPENSATION THEREOF

    Article (108)

    If the worker dies while on duty or because of the work or sustains a work injury the employer or his

    representative shall immediately notify the police and the Department of the incident.

    The notification shall include the name, age, profession, address and nationality of the worker and abrief description of the incident, the circumstance where it took place and the actions taken for aiding orcuring the worker.

    The police shall upon receipt of the information undertake the necessary enquiries and the recordshall contain the statements of the witnesses and the employer or his representative and thestatements of the injured if his condition so permits and the record shall explain the relationship ofthe incident to the work.

    The police shall upon completion of the inquiry send a copy of the record to the Department and a copy

    to the employer. The Department may require completion of the enquiry ifit deems necessary.

    Article (109)

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    The worker who sustains a work injury shall be entitled to receive medical treatmentappropriate to his condition at the cost of the employer in accordance with the decision ofthe competent medical authority.

    The worker shall receive his full wage during the treatment period or the period of sixmonths whichever is nearer. If the treatment continues for a period exceeding six monthsthe worker shall be paid half of his wage until his recovery or proof of his permanentdisability or death whichever is nearer.

    Article (110) The heirs of the worker who dies because of the work and the worker who sustains a

    work injury resulting in a partial or total permanent disability shall be entitled to receivecompensation. The amount of compensation in case of death of the worker because ofthe work shall be calculated in accordance with the provisions of Islamic Sharia.

    The work injury resulting in a total permanent disability shall be considered as a death ofthe worker. The proportion of the partial permanent disability to the permanent totaldisability shall be fixed in accordance with the schedule (2) of this Law and theamount of compensation in this case shall be calculated on the basis of this proportionfrom the amount of compensation provided for in the preceding paragraph.

    Article (111) The provisions of the preceding two Articles shall not apply if any of the following has been

    proved:

    1. The worker had intended to injure himself.

    2. The worker was at the time of occurence of the injury or death under the influence ofa drug or liquor and that the said influence was the cause of the injury or death.

    3. The worker violated the instructions of the employer concerning the preservation ofvocational health or safety or committed a gross negligence in the carrying out ofthese instructions.

    4. If the worker without a genuine cause refuses to subject himself to the check-up oradopt the treatment prescribed to him by the competent authority.

    Article (112) If a dispute arises between the worker and the employer as to the ability of the worker

    to resume his work or as to any other medical matter related to the injury or diseaseor the treatment prescribed thereof or the applied treatment the Department shall refer thedispute to the competent medical authority. The decision of the said authority on thematters falling within its competence shall be final.

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    Article (113)

    The right of the worker to claim compensation for the disability or death shall extinguishby the lapse of one year from the date of the medical report containing the occurence ofthe disability resulting from the injury or the confirmation of the occurence of the disability

    because of any of the occupational diseases contained in schedule No. (1) attached tothis Law or from the date of the death of the worker.

    Article (114)

    The employer shall pay the compensation for the disability within a period not exceedingfifteen days from the date of proof of the disability of the worker or from the date ofannouncement of the result of the inquiries supporting the occurrence of the disabilitybecause of the work.

    The employer shall deposit the compensation for the death in the court' within

    a period not exceeding fifteen days from the date of death or from the date ofannouncement of the result of the injuries supporting the occurence of the deathbecause of the work. The court shall distribute the compensation for death amongst theheirs of the deceased in accordance with the provisions of the Islamic Sharia orthe personal law applied in the country of the deceased. The compensation shall bevested in the public treasury of the State if three years lapse without specifying personsentitled thereto.

    Article (115)

    The employer shall every six months provide the Department with a statistics of the workinjuries and occupational diseases in accordance with the forms prepared for this

    purpose and the procedures to be prescribed by a Decision of the Minster.

    PART TWELVEWORKERS ORGANIZATIONS

    Article (116)

    The workers working in an establishment where the number of Qatari workers is not lessthan hundred workers may form a committee from amongst themselves to be named " theWorkers Committee" and more than one committee in the establishment may not beformed.

    The workers committees in the establishments engaged in one trade or industry or similaror interrelated trades or industries are entitled to form a general committee from amongstthemselves to be named the General Committee for the Workers of Trade or Industry.

    The general committees of the workers of the various trades and industries may formamongst theirselves a general union to be named the ! "General Union of the Workersof Qatar".

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    The membership in the two committees referred to and in the General Union of the

    Workers of Qatar shall be confined to the Qatari workers. The Minister shall specify theconditions and procedures for the formation of the workers organizations referred to andthe membership therein and the way of carrying out their business and the interrelatedand similar trades and industries.

    Article (117)

    The Workers Organizations shall have juristic personality upon their formation inaccordance with the provisions of this law.

    Article (118)

    The Workers Organizations shall assume the taking care of the interests of their

    members and protection of their rights and their representation in all matters related to theaffairs of the work.

    Article (119)

    The Workers Organizations are prohibited from the following:1. The exercise of any political or religious activities.

    2. Preparation, printing or distributing any materials insulting to the State or thegovernment or the status quo thereof.

    3. Entering into any financial speculations of whatsoever nature.

    4. Accepting of gifts or endowments except with the approval of the Ministry.

    The Minister may dissolve any Organization if it commits any of the foregoing prohibitedmatters or works outside the, purpose.

    Article (120)

    The workers may go on strike if amicable settlement of the dispute between them and the

    employer becomes impossible in accordance with the following measures:

    1. Approval of three fourths of the General Committee of the workers of the trade orindustry.

    2. Giving to the employer a period of not less than two weeks before commencing thestrike and securing approval of the Ministry after coordination with the Minister of InteriorAffairs in respect of the time and place of the strike.

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    3. Provided that there is no deteriment to the property of the State and of the individual

    and their security and safety.

    4. Prohibition of the strike in vital public utilities such as petroleum and gas relatedindustries, electricity, water, seaports, airports, hospitals and transportation.

    5. Non-resort to strike before the amicable settlement between the workers and employerby conciliation or arbitration in accordance with the provisions of this law becomesimpossible.

    Article (121)

    The workers organizations shall lay down their statutes in accordance with the modelsto be determined by a Decision of the Minister shall contain in particular the following:-

    1. The conditions of the membership and the instances of its termination.

    2.., The rules and procedures of nomination and election.

    3. The sources of financing the organization and the amount of subscriptions by themembers.

    4. The expenditure of the funds of the organizations, the control over theirfinancial transactions and the registers that shall be kept for this purpose.

    5. The rules and procedures for dissolving the organization and disposal of theirproperties.

    Article (122)

    The employer shall not compel the worker to join or not to join any of the workersorganizations or to refrain from implementing their decisions.

    Article (123)

    The General Union of the workers of Qatar may, after approval of the Ministry, join any

    Arab or International Organizations working in the field of the Workers Organizations.

    PART THIRTEENJOINT COMMITTEES, NEGOTIATION AND COLLECTIVE

    AGREEMENTS.

    Article (124)In any establishment where thirty or more workers are working there may be formed a

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    joint committee embodying representatives of the employer and workers.

    The number of members of the joint committee shall be four if the number of the workersof the establishment is two hundred or less and six if the number of the workers of theestablishment is more than two hundred and less than five hundred and shall beeight if the number of the workers is more five hundred or more.

    Half of the members shall represent the employer and the other half shall represent theworkers.

    Article (125)

    The employer shall nominate his representatives in the committee from amongst theemployees who shall legally represent him or those to whom he delegates some of hismanagement powers.

    The nomination of the representatives of the workers in the committee shall be asfollows:

    1. If there is a "Workers' Committee" in the establishment it shall assume the nominationof the workers representatives in the joint committee from amongst its members.

    2. If there is no "Workers' Committee" in the establishment the workers therein shallnominate their representatives in the joint committee through direct election.

    The Minister shall issue a decision regulating the conditions and procedures of election.

    Article (126)

    The joint committee shall deal with the study and discussion of all matters related to thework in the establishment and in particular:

    1. Regulation of work

    2. The means of increasing and developing the production and enhancing theproductivity.

    3. The training programmes of the workers.

    4. The means of protection from dangers and the improvement of the standards ofcompliance with the rules of safety and occupational health.

    5. The development of the general culture of the workers.

    6. The development of the social services in the establishment.

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    7. The studying of and endeavours to settle the individual and collective disputes in the

    establishment.

    The committee shall submit its recommendations on these matters to the employer toconsider whether they can be implemented.

    Article (127)

    The employers and workers have the right to conduct collective negotiation andconclude joint agreements on all matters related to the work.

    The Minister shall issue a Decision on the regulation of the rules and procedures ofcollective negotiation and the method of representation of the parties therein and therules regulating the joint agreements as to conclude, contents, scope, the means ofacceding them, the duration and interpretation thereof and the disputes which may arisefrom its implementation.

    PART FOURTEENCOLLECTIVE DISPUTES

    Article (128)

    A collective labour disputes is any dispute between the employer and the whole of hisworkers or some of them thereof or between a group of employers and their workers ora group of them the subject matter of which is related to an interest common to allworkers or to a group of them in a certain establishment, professional or certain craft orin a certain professional sector.

    Article (129)

    If any dispute arises between the employer and some or all of his workers the twoparties to the dispute shall try to settle it between themselves and if there is a jointcommittee in the establishment the dispute shall be referred to it for settlement.

    If the two parties fail to settle the dispute the following steps shall be taken:-

    1. The workers shall submit their complaint or claim in writing to the employer with acopy thereof to the Department.2. The employer shall reply in writing to the complaint or claim of the workers within a

    week from his receiving the same and shall send a copy of the reply to the Department.

    3. If the reply of the employer does not lead to the settlement of the dispute theDepartment shall try to settle the dispute through its mediation.

    Article (130)

    If the mediation of the Department does not lead to the settlement of the dispute within

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    fifteen days from the date of the employer's reply the Department shall submitthe dispute to a conciliation committee for its decision thereon.

    The conciliation committee shall be formed of:

    1. A chairman to be appointed by a decision of the Minister. 2. A member to benominated by the employer.

    3. A representative member of the workers to be nominated in accordance with theprovisions of the second paragraph of ArticleThe committee may be assisted by consultation with any of the specialists before

    deciding on the dispute and shall issue its decision on the dispute within a week fromthe date of its submission thereto.

    The decision of the committee shall be binding on the two parties to the dispute if theparties had agreed in writing to referring the dispute to the committee before itsmeeting to decide on the dispute and if there is no such an agreement in this respect

    the dispute shall be referred to an arbitration committee within fifteen days and thearbitration shall be mandatory for the two parties.

    Article (131)

    The arbitration committee shall be formed under the presidency of a Judge and the membership of:

    1. A representative of the Ministry to be nominated by the Minister.

    2. A representative of Qatar Chamber of Commerce and Industry to benominated by the chairman of the chamber.

    3. A representative of the workers to be nominated by the "General Union of the Workers of Qatar".

    Article (132)

    The arbitration committee shall adjudicate upon the collective labour disputes andrender final awards on a majority basis. In case of equality of

    votes the chairman of the committee shall have a casting vote.

    The committee in carrying out its duties may persue all papers, documents and allevidence and may compel any- person possessing these papers, documents andevidence are to produce the same and may enter the establishment for conductingnecessary inquiry and take all necessary procedures for settling the disputes.

    Article (133)

    An employer may not close the place where he is employing the workers or stop thework or refuse to continue to employ any worker by reason of a dispute that has notbeen decided on by the conci liat ion or arbitration committee.

    Article (134)

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    The -Minister shall issue the decisions regulating the duties of the conciliation andarbitration committees.

    PART FIFTEENINSPECTION OF WORK

    Article (135) There shall be established in the Department an organ to be named as the "Work

    Inspection Organ" aiming at the supervision of the application of the legislationsconcerning the protection of workers and shall have suborgans in the various partsof the State.

    The inspection organ shall be formed of a sufficient number of administrative officialsspecified by a decision of the minister. These officials shall be named Work Inspectorsand the assistance of specialists in the various specializations may be called whenevernecessary.

    Article (136)

    The Work Inspectors shall before commencement of their duties take an oath beforethe Minister to respect the law and perform their duties in good faith and with duediligence and not to divulge the secrets or industrial patents or other secret of which theybecome aware by virtue of their positions even after termination of their employment.

    Article (137)

    The work inspectors deputized by a decision of the Attorney General in agreementwith the Minister, shall have the power of law enforcement officers as regards theimplementation of the provisions of this law and decisions made thereto. They shallbear identity cards proving their competence and shall produce such cards to theemployers when they perform the inspection.

    Article (138)

    The Work Inspectors shall have the following authority:

    1. To enter the places of work during the working hours during the day or at nightwithout prior notification for inspecting the registers, books, files or any other documentsrelated to the workers, for ensuring their compliance with the applicable legislations

    and detecting proofing actions violating such legislation.

    2. To obtain samples of the materials used and dealt with in the establishment and toinspect the machinery and various fittings for assuring the availability of sufficient andeffective. means for protecting the workers from health hazards and work dangers andnotify the employer or his representative of any samples or materials taken orused for this purpose.

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    3. To inspect the residence of the workers for assuring their compliance with therequired health conditions.

    4. To inquire from the employer or his representative or any of the workers individuallyor in the presence of witnesses on any of the matters related to the implementation ofthis law.

    Article (139)

    The employer or his representative shall facilitate the performance by the WorkInspectors of their duties and shall provide them with the correct information on anymatter related to the performance of their duties and shall obey their requ